Update: On July 28, 2021, the Federal Court of
Appeal dismissed Seedling's appeal from Justice Grammond's
decision: Seedlings Life Science Ventures, LLC v Pfizer Canada
ULC, 2021 FCA 154 (see article here).
On January 2, 2020, the Federal Court issued a decision by
Justice Grammond finding certain claims of Patent No. 2,486,935 (935 Patent) invalid on the basis of
anticipation, obviousness and overbreadth: Seedlings Life
Science Ventures, LLC v Pfizer Canada ULC, 2020 FC 1. Had the relevant claims been valid,
Justice Grammond would have found that they are not infringed by
Pfizer's EpiPen.
The 935 Patent relates to an auto-injector known as the
LifeCard, which is primarily intended for epinephrine injection to
relieve symptoms of anaphylaxis. The LifeCard was the
inventor's solution to problems encountered with the original
EpiPen, such as bulkiness and an exposed needle after use. The
LifeCard has a flat housing that is smaller and a needle shield
that locks
